In India, trademark registration is granted only for specific goods and services, which are systematically categorized under 45 different classes as per the Nice Classification (NCL). Class 39 pertains to a wide range of transportation, packaging, storage, and travel-related services. The services include everyday logistics activities such as courier services, warehousing, travel reservations, and providing vehicles for rent. Registering a trademark under Class 39 is essential as it grants exclusive rights to use the brand name in this category.
The blog delves into the meaning of Class 39, including what is covered and what is not covered in the class, its related overlapping classes (35, 37, and 42), and the steps for registering under Class 39.
What is Trademark Class 39?
Class 39 under the NICE Classification (NCL), adopted by India, covers services related to the transportation of goods and people, packaging and storage of goods, and organising travel. This class is applicable to service providers who handle physical movement or storage of products, whether by land, sea, or air, as well as those offering travel and tour-related solutions.
List of Services Covered under Trademark Class 39
1. Transport and Delivery Services
- Freight transportation by land, air, or sea
- Courier services for parcels or merchandise
- Cargo handling and logistics coordination
- Delivery of goods (including by mail order)
- Haulage, towing, and loading/unloading services
- Delivery of newspapers
- Bottling services
- Distribution of energy, electricity, and water
- Transportation of waste and trash
- Vehicle breakdown assistance and towing
- Escorting of travellers
- Sightseeing and tour transport services
- Transport of travellers and furniture
- Traffic and transportation information services
- River transport, marine transport, and ferry-boat transport
- Railway and tram/streetcar transport
- Underwater salvage and salvage of ships
- Transport by pipeline
2. Packaging and Warehousing
- Packaging of goods before shipment
- Wrapping, boxing, crating, and gift wrapping services
- Parcel delivery services
- Warehousing and physical storage of goods
- Storage of electronically stored data or documents
- Storage and warehousing information services
- Refrigerated storage, frozen-food locker rental
- Rental of warehouses and storage containers
- Safe deposit storage and guarded transport of valuables
- Franking of mail
- Removal services and hauling
3. Travel and Tourism Services
- Booking and reservation of travel tickets
- Organising travel tours, excursions, and cruises
- Passenger transport and sightseeing travel
- Operation of travel agencies (excluding financial services)
- Travel reservation and arrangement services
- Arranging transport for travellers
- Rental of wheelchairs for travel purposes
- Providing driving directions for travel
- Operating canal locks and traffic control systems
- Travel logistics and transport reservations
4. Rental and Vehicle Services
- Car, bus, taxi, truck, and motor coach rental
- Boat, yacht, and pleasure boat rental
- Aircraft and aircraft engine rental
- Motorcycle and horse rental
- Wheelchair and vehicle roof rack rental
- Rental of navigational systems and diving bells/suits
- Garage and parking space rental
- Rental of warehouses and storage facilities
- Rental of railway coaches and trucks
- Rental of freezers and refrigerators
- Rental of motor racing cars
- Rental of vehicle terminals and support infrastructure
5. Auxiliary and Related Services
- Operating transport terminals
- Baggage handling and porterage services
- Launching of satellites for others
- Ice-breaking services for maritime routes
- Message and document delivery
- Ship brokerage and piloting services
- Lighterage and stevedoring
- Refloating of ships and ship salvage services
- Supply chain management and transport logistics
- Physical storage of digital documents
Examples of Trademarks in Class 39
- Blue Dart – Parcel delivery and express logistics
- MakeMyTrip – Travel booking and reservations
- Delhivery – Transportation and warehousing solutions
- Uber Freight – Freight transportation and logistics
- VRL Logistics – Road freight and cargo transport
What Class 39 Does not Cover
- Vehicle manufacturing or parts → Class 12
- Vehicle repair, maintenance, and installation services → Class 37
- Software or apps for logistics and booking platforms → Class 42
- Retail and advertising of transport/travel services → Class 35
- Financial or insurance services for travel → Class 36
- Hotel, food, or accommodation bookings → Class 43
Who Should Register under Class 39?
Businesses engaged in the following industries should apply under Trademark Class 39:
- Logistics and courier companies
- Transport aggregators and booking platforms
- Movers and packers
- Warehousing and cold storage providers
- Travel and tourism agencies
- Car, boat, or aircraft rental firms
- Freight brokers and cargo handlers
- E-commerce platforms offering last-mile delivery
Why is Class 39 Trademark Registration Important?
- Exclusive Rights over the brand: It grants the owner exclusive legal rights to use the registered trademark for Class 39 services, including logistics, travel booking, and warehousing.
- Legal Protection against Infringement: Registration allows the trademark owner to take legal action against others using identical or deceptively similar marks in the same class.
- Boosts Credibility: Registered businesses are perceived as trustworthy and professional, which in turn increases customer retention and brand value.
- Supports Licensing and Franchising: Trademark registration under Class 39 makes it easier to license or franchise the brand in new markets or regions.
Overlapping Classes
The following classes may overlap with Class 39:
- Class 35 – for promotion, marketing, and e-commerce listing of transport or travel services
- Class 37 – for vehicle repair or maintenance services
- Class 42 – for the development of transport or booking software, route optimization systems
How to register a Trademark under Class 39
Step 1: Trademark Search
Conduct an extensive and exhaustive search on IP India’s portal to check whether your desired mark is registered within Class 39.
Step 2: Draft the Form TM-A
File your application under Form TM-A either online or physically, mentioning the specific goods covered under Class 39.
Step 3: File the Application
Apply either online via the IP India official website or offline at the appropriate Trademark Registry Office and pay the required fees.
Step 4: Examination & Objection
After you file your trademark application, the Registrar of Trademarks examines it for compliance with the legal requirements.
Step 5: Reply to Objections (if any)
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 6: Publication in Trademark Journal
Once the application clears the examination stage (or objections are successfully resolved), it is published in the Trademark Journal.
- The trademark remains published for 4 months, allowing third parties to file opposition, if any.
Step 7: Registration Certificate
If no opposition is filed (or if any opposition is successfully resolved), the Registrar issues a registration certificate.
Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration may be renewed from time to time for successive periods of ten years each.
Conclusion
For businesses involved in logistics, storage, transportation, and travel facilitation services, Trademark Class 39 is extremely important. It is not only recommended but also necessary to register under the proper class in industries where operational dependability and brand uniqueness are crucial. Class 39 provides a solid legal foundation for limiting infringing parties through civil remedies, mitigates the risk of brand erosion, and guarantees statutory protection of proprietary rights. Additionally, it makes structured licensing possible, improves eligibility for institutional and governmental contracts, and increases the brand’s quantifiable asset worth.
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